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HUFF v. TELECHECK SERVICES, INC.

No. 18-5438.

923 F.3d 458 (2019)

James HUFF, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. TELECHECK SERVICES, INC.; TeleCheck International, Inc.; First Data Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 3, 2019.

Attorney(s) appearing for the Case

ARGUED: Martin D. Holmes , DICKINSON WRIGHT PLLC, Nashville, Tennessee, for Appellant. David R. Esquivel , BASS, BERRY & SIMS PLC, Nashville, Tennessee, for Appellees. ON BRIEF: Martin D. Holmes , DICKINSON WRIGHT PLLC, Nashville, Tennessee, Scott A. Petz , Alma Sobo , DICKINSON WRIGHT PLLC, Troy, Michigan, for Appellant. David R. Esquivel , Jeffrey P. Yarbro , Margaret V. Dodson , BASS, BERRY & SIMS PLC, Nashville, Tennessee, for Appellees.

SUTTON, J., delivered the opinion of the court in which BATCHELDER, J., joined. WHITE, J. (pp. 469-72), delivered a separate dissenting opinion.

OPINION

This case deals with a fading technology (checks) and an evergreen imperative (Article III standing). When a customer buys something with a check, merchants often consult a check verification company to determine whether to accept the check. Invoking his rights under...

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